Patna High Court
Birendra Chauhan @ Birendar Chauhan @ Virendra ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as no fresh ground exists, and the trial is ordered to be expedited within one month.
Summary
The petitioner, Birendra Chauhan, was charged under Sections 302 and 34 of the Indian Penal Code for a murder case (Sessions Trial No. 483 of 2024). He had been in judicial custody since 13 December 2023 and previously applied for regular bail, which the Patna High Court rejected on 7 July 2025, citing the seriousness of the offence and specific allegations against him. The petitioner filed a fresh bail petition, arguing that he had been detained without cause, but the State opposed the relief. The Court observed that no new ground was raised to revisit the earlier bail order and therefore denied the bail application. It directed the lower court to expedite the trial and complete it within one month, allowing the petitioner to renew his bail plea if the trial is not concluded within that period.
Issues considered
- Whether the petitioner is entitled to bail despite the earlier rejection and absence of fresh grounds.
- Whether the trial can be directed to be completed within a stipulated time frame.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Criminal Procedure
- high court
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6115 of 2026
Arising Out of PS. Case No.-527 Year-2023 Thana- ISLAMPUR District- Nalanda
======================================================
Birendra Chauhan @ Birendar Chauhan @ Virendra Chauhan S/O Chhotu
Chauhan @ Chchotu Chauhan Resident of Village - Mojahirpur, P.S. -
Islampur, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyamal Prakash, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Sessions
Trial No. 483 of 2024, arising out of Islampur P.S. Case No. 527
of 2023, instituted for the offences under Sections 302/34 of the
Indian Penal Code.
3. Earlier vide order dated 07.07.2025 passed in Cr.
Misc. No. 7134 of 2025, regular bail of the petitioner was
rejected by this Court considering the nature and gravity of the
offence as also there being direct and specific allegation against
the petitioner, with a liberty to renew the prayer after six months
if the trial is not concluded.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 13.12.2023
Patna High Court CR. MISC. No.6115 of 2026(2) dt.30-01-2026
2/2
without any rhymes or reason.
5. Learned APP for the State opposes the prayer for
grant of bail.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of one months from today. If the trial
is not concluded within the period of one month, the petitioner
will be at liberty to renew his prayer before the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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